Since Beijing established its controversial air defense identification zone (ADIZ) over a large part of the East China Sea last November, the Obama administration has done everything possible to avoid a political confrontation. While U.S. military jets are reported to have ignored the ADIZ and continued regular flights, Vice President Biden very conspicuously refused during his December visit to Beijing to demand that China roll back the zone. Moreover, the State Department advised U.S. civilian airliners to comply with Beijing's demands. Washington's actions are part of a larger trend of failing to uphold international order in East Asia.
This week, America's top commander in the Pacific, Admiral Samuel Locklear, told reporters that the Chinese military has been "acting professionally" in the skies near the disputed Senkaku Islands. Unfortunately, news reports provided little clarity as to just what the Chinese are doing, professionally or otherwise, and where and how often U.S. jets are flying. This is a problem because the Obama administration has consistently refused to explain just why China's particular ADIZ both conflicts with international law and is highly destabilizing.
First, China's ADIZ is ostensibly applied to both civilian and military flights for purposes of identification, filing of flight plans, and the like. All other ADIZ's, such as those of the United States, apply only to civilian flights, and only in the case that there is a valid concern that they are acting in a threatening manner towards U.S. territorial airspace. As pointed out by James Kraska, formerly of the U.S. Naval War College, among others, the U.N. Convention on the Law of the Sea, to which China is a signatory, allows "freedom of overflight" on the high seas, including through exclusive economic zones (EEZ).
Beijing is thus trying to change the status quo by warping the commonly accepted definition of an ADIZ. The U.S. has never fully explained that only China is attempting to control the activities of both civilian and foreign military aircraft by expanding the scope of an air defense zone. This is a prime example of what analysts mean when they talk about international "norms" and the danger to them of revisionist states like China.
Second, China's ADIZ conflicts with the 1947 Chicago Convention on International Civil Aviation, which states that interception of civilian aircraft over sovereign territory is permissible only if "reasonable grounds" exist to assume that such flight was not innocent, and that states "must refrain from resorting to the use of weapons against civil aircraft in flight."
Yet in announcing its ADIZ, Beijing said that "emergency defensive measures" would be taken against any aircraft that did not comply with its demands for identification in the international airspace that happened to fall within the ADIZ, regardless of the innocence of the flight. Beijing is thus both conflating sovereign and international airspace and violating the spirit of international law by pre-justifying the use of force. A State Department full of lawyers might have enjoyed pounding this point home, but little if anything has been said about it.
In addition, Beijing is ignoring the fact that all airspace is already divided into "Flight Identification Regions" for the management of civilian flights and is agreed to through the International Civil Aviation Organization (ICAO). Beijing's demand that innocent civilian airliners provide information when traveling through its ADIZ violates air traffic practice established more than 50 years ago. Again, Washington has been silent on this point.
Third, Washington should have repeatedly pointed out that only China has established an ADIZ that overlaps with those of other countries. Indeed, a primary reason for China's zone is to extend its ownership claims over the contested Senkaku Islands, which are controlled by Japan. Thus, Beijing set up its ADIZ over Japan's own zone, which was established decades ago. In addition, China overlapped territory claimed by South Korea. In response, Seoul also extended its ADIZ, so that the East China Sea now has three overlapping air defense zones.
The Obama administration has refused to provide the specifics about how destabilizing this is. Instead, Defense Secretary Chuck Hagel merely lamented that what the U.S. was most concerned about was that China established its ADIZ in a precipitous manner without preconsultation. While U.S. military leaders have talked about the potential for accidental confrontation, the real dangers are much broader. In refusing to defend customary practice, international law, and common sense, the administration is playing its part in undermining all of them. It is a steep price to pay for not wanting to antagonize an already antagonistic competitor.